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THE CLAIM 



o p 



JAMES TONGUE, JOHN SCRIVENER, AND 
WILLIAM HODSON'S REPRESENTATIVES. 



Since the report of the Hon. Mr. Wri2:ht in the Senate of the 
United States, in (he case of Tongue, Scrivener and Hodson's 
Representatives, the claimants have got some information from the 
office of the Adjutant General in Maryland, and other information 
that they deem it their duty to present to the Senate, which they 
believe will materially remove the objections of the honourable Mr. 
Wright to these claims — with great respect they beg leave to make 
an additional statement of the facts they have been enabled to col- 
lect, and in order to make these claims fairly and distinctly under- 
stood, they will give as short a statement as possible. 

Four private claims, viz : Matilda Drury, John Scrivener, Wm. 
Hodson's representatives, and James Tongue, were presented 
to Congress in 1836; each claimant made the statement of his 
claim according to his own views, agreeable to the information he 
had received how to proceed. One claim was given to the Hon. 
Mr. Howard, one to Mr. Jenifer, and two to Mr. McKim. In the 
House of Representatives some of these claims were laid on the 
table to give the claimants an opportunity to get additional testi- 
mony, which was done, and three were again presented. These 
claims being similar, except the claim of James Tongue for his 
house, having the advantage of being used as a depot for military 
stores of the United States. 

To save time the committee of claims in the House of Represen- 
tatives classed these three claims together, alledging that they all 
were similar in character, and supported by the same evidence, and 
that one report would embrace all the three cases — a favorable re- 
port was made, accompanied by a bill which was passed and sent 
to the Senate. These claims coming up in the Senate, two of them 
were, we believe, reported on favourably, namely, the claim of 
James Tongue and Wm. Hodson's representatives. The claim of 
John Scrivener, coming up for consideration, Mr. Hubbard, as we 
were informed, applied to the 3rd Auditor, Mr. Hagner, for some 
information on Scrivener's claims — Mr. Hagner not only reported 
against the claim of Scrivener, but also against the claim of Tongue 
^ and Hodson's representatives, and also against the claim of Mrs. 
Drury, a poor widow, who had then no claim pending before Con- 
gress. Mr. Hubbard seemed to yield his opinion to that of Mr. 
Hagner, and reported against all the claims. 






2 



It is doubtful whether these claims would ever have been again 
preseutcd to Congress, had not a very unkind, and your claimants 
believe, a very unjust comparison been introduced to prejudice 
these clanns. 

These three claims were again presented to Congress last De- 
cember : and the committee of claims in the House of Represent- 
atives made a favourable report accompanied by a bill which passed 
the H. Representatives, and is now before the Senate. 

The committee of the House gave it as their opinion that these 
claims came under the laws of Congress passed for the payment 
of such claims. 

Tlie Hon. Mr. Wrighi uf the Scnato, iseems to differ in his opin- 
ion about the construction of the law passed by Congress on this 
subject, and adopts Mr. Hagner's views. 

Tlie claimants are poor farmers, who dare not pretend to venture 
an opinion on the subject — but they honestly believe, that many 
claims, have heretofore been paid by Congress, standing on exactly 
similar grounds,and under circumstances less imposing,particularly 
the claim of Mr. Scrivener.* These three claims are of peculiar 
hardship — all we ask is the justice of Congress — that we have a 
right to expect. 

It has pleased divine providence to place us in that part of our 
common country, that may truly be called a weak frontier — where 
the enemy was most powerful and we the most vulnerable. Un- 
der these circumstances, knowing our exposed situation, it became 
us as good citizens, to use our utmost efforts to stand by our coun- 
try, our wives, our children, and our homes — we all did so freely 
and voluntarily, and opposed all the resistance in our power, by 
our example to others, and our own personal efforts to prevent the 
invasion of our soil, regardless of the pitiful remuneration for 
militia services, oi that time firmly hcUeviug in tlie justice^ and 
rectitude of our national legislature^ and in all time to come. With 
what pleasure then, did we look on Congress and all persons in 
our national departments. The history of the occurrences of the 
events of the late war, and the sufferers by that M^ar, have been 

* Tliis case is one oTjieculiar hardship, and I fake the liberty to mention tlie circum- 
stance without consulting Mr. Scrivener, who is a man of very respectable standing in 
society, remarkable for his piety and goodness — he has a wife and twelve children. — 
The fortification was made on his land, being a small embankment about three feet 
liigh. At the time the enemy made ihcjr attack on Town Point, Capt. Simmons, and 
Capt. Tillard with most of their officers and men were on duty in I5altimore, for the 
defence of that city. The command at Town Point devolved on Lt. Scri\ ener, who 
■with the few men left of Capt. Simmons' and Capt. Tillard's conipany were stationed 
theie. The Uritish a|)proaclied the fortification in their bar(re!=, in such an overwhelm- 
ing force, that all the men but some G or 8 retreated. The battle commenced — the 
station was gallantly defended by It. Sciivencr — his cannon was well plied — and when 
the match gave out, in his zeal to repel the enemy, he laid the pan of a musket on the 
touch hole of the cannon and fired hi'r in that way — standing too near the gun carriage 
the recoil of the gun ran over his f)ot — they were compelled to retreat through an open 
field, nearly half a mile, ail the wliile exposed to the fire of a fleet of barges. All the 
men could rmi but poor Scrivener, who liobblcd away as well as he could with his 
lacoratcii foot, the blood luuning over the top of his shoe ahiiost at every step. 



3 

for years, and arc now passing under the immediate eyes of almost 
every body ; and certainly by all, along the whole national frontier 
and tlie Chesapeake Bay and its numerous tributary rivers — and 
as far as they have yet progressed, they present a most humiliating 
and melancholy spectacle. I am sorry to say I have heard many 
complain bitterly of the ingratitnde of their country. What do we 
see? What are facts ? The United States refuse to pay for all 
personal property destroyed by the enemy — refuse to pay interest 
on all just claims — claimants are put off year after year. '^Fhe de- 
lay of justice is lamentable, — the time lost and the expenses incur- 
red in attending to claims at Washington in many cases, renders 
the successful applicant no gainer. In many cases it would have 
been far better and more to his interest to have abandoned his 
claim. But how is it with the rejected claimant, after all his loss 
of time, anxiety, absence from his family, neglect of his business, 
expenses incurred, often more than he can bear — he goes home 
with a sorrowful heart and embittered feelings. Are not these 
melancholy facts — who would ever have dreamed of such a result 
before and during the war. We believe there are many cases of 
claims paid by Congress, which will fully establish our claims. 
We will notice some of the objections as rigidly adhered to by Mr. 
Hagner, — one rule as laid down by him and Mr. Wright is, that 
" the occupancy must be continued up to the time of its destruc- 
tion," — now as far as our information goes on this point, we know 
of but one solitary instance that would apply to this rule — and that 
is the case of the melancholy event at the river Raisin. 

How was it in the case of Calvert county court house, which 
was destroyed by the enemy and paid for by Congress. It was 
evacuated a week or ten days, if we remember, belore it was de- 
stroyed. See Mr. Talliaferro's report in this case. 

How was it in the case of Frazier's house in the village St. Leo- 
nard's, paid for by Congress, destroyed for being used as a hospital 
by Commodore Barney's men — all the sick had been removed from 
this house several days, and the Flotilla had gone up the river 
several days before this house was burnt by the enemy, as proved 
by the following certificate. 

Calvert Counly, Maij iStJi^ 1842. 

We, the undersigned, resided near (he village of St. Leonard's, in Calvert 
Counly, Maryland, during the late war, and are perfectly acquainted with 
all the occurrences that took place there during that war — do hereby cer- 
tify, that the house ov\ned by Frazier, which was used and occupied as a 
hospital for the sick belonging to the United Slates Flotilla, was not burnt 
by the enemy until afier the Flotilla had gone up the river, and for several 
days after the sick had been removed from the house of said Frazier. 
Signed, Samuel Turner, George Bourne, 

Jos. Griffiths, James J. Bourne, 

Benj. Parran, Thos. J, IIellen, 

William Wood, William Stallings. 

Rezin Younger, 

Mr. Angst. H. Sellers now in Congress, can testify as to the respecta- 
llily of the signers of the above certificate. 



How was it in the case of Caroline Penwick, at Cole's Creek, 
where the house was occupied by the militia, and the house evacu- 
ated some time before it was destroyed by the enemy. 

Now the warehouse at Tracey's Landing was used and occu- 
pied by Commodore Barney as a depot for military stores of the 
United States ; Commodore Barney publicly declaring when he 
took possession of it that it was in the service of the United States, 
and would be in the service of the United States as long as any 
of the stores remained in the said house. It is true that nearly all 
the stores had been removed from said house except some cannon 
balls, grape shot, and double headed shot, which still remained 
there and were found there by the enemy, when they took posses- 
sion of the said warehouse. The United States never paid one 
cent for the use of this house; moreover the said house was also 
used and occupied by the orders of Capt. Franklin, as barracks for 
the militia, and was not evacuated by Capt. Franklin and his men, 
called out by order of the Governor of Maryland, until the near ap- 
proach of the British, both by land and water, perhaps not more 
than 20 or 30 minutes before the enemy took possession of it. See 
deposition of P. H. O'Reilly and William Ernis filed with the pa- 
pers. Now here is a double claim for the payment of this proper- 
ty, one for being in possession of the U. S. and the other for its 
militia occupancy by orders of the Governor of Maryland — it would 
be a very hard case indeed, not to pay for it. 

Where will you draw the line of distinction about the occupancy 
of houses taken for the service of the United States. Must the A- 
merican troops stay, to be butchered as at the river Raisin. Must 
the American occupancy continue until the enemy march in at 
one door, and you go out at the other, at the same instant ? Will 
you take the evacution of Calvert county court house as the ex- 
ample? or will you take Frazier's house at St. Leonard's ? or would 
you take Caroline Fenwick's house as the example? 

But it is presumable that the enemy would in all cases consider 
that all places as selected by the American troops, would be eligi- 
ble military positions, and it would be to their interest (the enemy) 
to destroy all houses so occupied, to prevent another occupation 
for their annoyance— and the time elapsed after voluntary or com- 
pulsory evacuation, would be immaterial, whether one hour, one 
day or one year — the house is destroyed in consequence of such 
military occupation— and as a matter of strict and impartial justice 
it ought to be paid for. We plain country farmers don't understand 
about pleading the statute of limitations in such cases. The Uni- 
ted States don't permit any of her citizen creditors to plead limita- 
tions, and surely she will not do it. 

We next in order come to the claim of J. J. Pattison, for his 
house destroyed by the enemy in consequence of its being occu- 
pied by the militia, who took posssssion of it in consequence of 
the orders of Col. Taney, who was in the militia service, called 
out by Governor Winder. This is an important case, and we must 



look into it. What do we first find? We see Col. Taney acting 
under the general orders of the Governor of Maryland, dated March 
ITth, 1813 — which are as follows: 

GENERAL ORDERS. 

" The officers of the Militia generally, but more particularly 
those of the Volunteer Infantry and Cavahy, will attentively in- 
spect the arms of their respective corps, and see that they are in 
the best possible order for service. 

The officers of the militia in general, near the waters of the 
Chesapeake and its tributary rivers, and the sea board, will be on 
the alert to discover and repel any depredations which may be at- 
tempted by the enemy. By order, 

JOHN GASSAWAY, Adjt. General." 

See copies of letters in the appendix from Governor of Maryland 
to Col. Taney, Major Briscoe, and Gen. West, on this subject. 
These letters are very important evidence in our claim. 

And under these general orders the militia officers assembled, when 
they on consultation met to see VThat was best to be done, and these 
orders also remove the objections of Mr. Wright, as noticed in his 
quotation from our memorial in 1841. 

We next in order come to the cases of Sewall's, Fenwick's and 
Sothoron's, places occupied by the militia, called out by the order of 
the Governor of Maryland. In proof of this, see letters from Gov. 
Winder to Gen. Phihp Stewart and Gen. West. Gen. Philip Stewart 
commanded in that district of country when Major Sothoron's house 
was burnt, which has been paid for by Congress. 

Col. Fenwick commanded the militia who used the houses of Mr. 
Sewall and Caroline Fenwick, as barracks, in proof of which, read 
the following statements from Col. Combs and Wm. Floyd; these pa- 
pers, under oath, are now presented to be filed with original papers 
in our claim. 

" I, the undersigned, a commissioned officer of the grade of Capt. 
in the 12th regiment of Maryland Militia during the late war with the 
British, being called on to state by what authority the said 12th regi- 
ment of Maryland militia were ordered out to protect the country a- 
gainst the invasion of the enemy during the said late war, do hereby 
certify, that I have seen and read several times a letter from his Ex- 
cellency, the Governor of Maryland, to Col. Athanasius Fenwick of 
the 12th regiment of Maryland militia, directing him to order out and 
use the militia on all occasions that he might think necessary and pro- 
per in defence of the country, in consequence of which orders by his 
Excellency Governor of Maryland, I was frequently ordered on duty 
by the said Col. Athanasius Fenwick, and that I frequently with the 
men under my command made use of the Dwelling and other houses 
of the late Nicholas Sewall as barracks, in consequence of which pro- 
perty being made use of as barracks by the Maryland militia, it was 
destroyed by the enemy during the late war, 

C. COMBS. 



State of Maryland^ St. Marifs County^ to wit : 

This 17th day of May, in the year of our Lord eighteen hundred 
and forty-two, before me, the subscriber, a justice of the peace, in 
and for said county, personally appears Cornelius Combs, and made 
oath on the holy evangely of Almighty God, that the above facts set 
forth in the within deposition are just and true. 

Sworn before WM. S. CRANE. 



" I, the undersigned, a commissioned officer of the grade of Cap- 
tain in the 12lh regiment of Maryland militia during the late late war 
with the British, being called on to state by what authority the said 
12th regiment of Maryland militia was ordered out to protect the 
country against the incursions uf ilic enemy during the said late war, 
do hereby certify, that Col. Athanasius Fenwick of the I2th regiment 
of Maryland Militia, read a letter to the otTicers of the 12th regiment 
ot Maryland militia, directing him, the said Col. Fenwick to order 
out the militia on such occasions as he might think necessary for the 
protection and safety of the country; in consequence of which order 
by his Excellency the Governor of Maryland, I was on duty from 
the commencement to the end of the late war, by order of the Col. of 
the regiment. I do also certify, that the dwelling house and other 
houses of Caroline Fenwick, on Cole's creek, on the Patuxent river, 
St. Mary's county, were used as barracks by the troops of the 12th 
regiment, and by no other soldiery, and in consequence of which said 
use, they were burnt by the British, during the late war. 

Signed, WM. FLOYD. 

State oj Maryland, St. Mary'^s county., to wit : 

On this 18th day of May, in the year of our Lord eighteen hun- 
dred and forty-two, before me, the subscriber, a justice of the peace 
of the said State in and for said county, personally appears the above 
named, William Floyd, and signed the statement made of the above 
mentioned facts in my presence, and also at the same time, he, the 
above named William Floyd, made oath on the Holy Evangely of 
Almighty God, that the said statement of facts is true. 

Signed, LOUIS STONE. 

It is clearly and satisfactorily proved from these letters of the 
Governor of Maryland to Col. Taney, to Gen. West, to Major Bris- 
coe, all militia odiccrs, that Col. Taney had the command of the mili- 
tia at St. Leonard's creek, — he was acting under general orders, da- 
ted 17th March, 1813. From the papers in this case. Col. Taney 
ordered the militia to take possession of Pattison's house, which 
was destroyed in consequence of that occupation. It is also evident 
from these letters that additional militia force was sent by the Gover- 
nor of Maryland, to aid Col. Taney, to protect the U. S. Flotilla. It 
is equally evident the militia were acting for the general defence— for 
the defence of the U. S. — for the defence of the State of Maryland, 
one and indivisible defence for the rights of its soil— for the rights of 



tlie soil of the United States — for the property of its citizens — for all 
property, real and personal, of \Yhich the United States Flotilla was 
an integral part. The militia in this case, as in all other cases during 
the late war, irerejightin<j; to sustain thr var declared by Congress 
— to sustain the honour, character and dignity of the United States — 
called out to defend the country — the constitution, the constituted 
authorities of the country, its rights and institutions — the immutable 
and indivisible rights of the people of the whole United States, and 
all the States separately and collectively. These are plain farmers' 
views. 

How can it he called State f/e/e^^ce,— Maryland had declared no 
war against England. It was the war of the General Government — 
the war of the United States — the war of ihe whole nation, — and the 
militia acting any where in the United States, were as much the troops 
of the United States as the regular army. Wherever that militia is 
acting at all, it is acting for the general defence, whether to protect 
Calvert county in Maryland, or Washington county, Ohio — whether 
that militia \s\o protect Charleston or Boston — New York or Nor- 
folk, or the United States Flotilla, it is precisely the same thing — and 
inasmuch as the Congress of the United States had declared tlie war, 
she was the more bound to protect and preserve every part and por- 
tion of the country, the rights of all its citizens, all their property, 
real and personal. The United States refunding to the States the 
expenses of the war, make the militia the troops of the United States. 
We consider our claim as commencing a short time after the war of ISli 
— 15. We were personally acquainted with Pattison, and when his house 
was burnt we were eye witnesses of that transaction. We stated before 
that we kept in view the issue of Patlison's claim which was sent to Con- 
gress the next year after the war, (18l6) and as soon as his case was 
finally decided we submitted our claims — we relied on their justice — the 
witnesses are all men of fair character — Patrick II. O'Reiley, Samuel Gott, 
Jolin H. D. Lane and William O'llara have been justices of the peace— Dr. 
Walter Wyvill and W.J. W. Compton, members of our State Legislature — 
John CoUinson and William Ernis, mechanics of fair character. 

We can't see how our defence can be called state defence wlien our mili- 
tia were acting for the general good and under general orders, issued as 
early as 17ih INIarch, 1813; and after our militia were dislodged by the 
superior force of the enemy at Town Point and Tracy's Landing, and in 
their (the enemy's) actual possession, Gen. Madison with a corps of United 
States cavalry was on their march to the very spot where the property in 
question was burnt, and in less than 24 hours after its conflagration a pickett 
guard of U. S. troops were posted on the very spot, thereby proving that 
the occupancy by orders of the the governor of Maryland was sustained 
by the Secretary of War. This fact alone ought to be sufficient to sub- 
stantiate the occupancy by the United States. The troops of the U. S. in 
conjunction with our militia had a battle* with the men of the same ship 
in about 36 hours after the conflagration, all in full view and only a short 
distance olf, in which battle Capt. Bird, U. S. oflicer of Dragoons waa 
wounded — severely U. S. horses killed and some prisoners taken on each 
side— all this goes to prove it was United Slates defence according to Mr. 
Wright's views. 

*Batae at Kirby's Wind Mill. 



8 

But it is said if you pay these claims in case of another war every man 
who owns a liouse may make it a castle, and provoke the enemy to de- 
stroy his buildings, under the belief that Congress is to make remuneration. 
All history on (he claims of Congress prove the contrary ; and as far as 
the history of claims on Congress go, the Government, in the humble opin- 
ion of us poor farmers, have pursued a very impolite course — let us take 
Maryland as an example, located nearly equi-distant from North to South 
on the Atlantic with the Chesapeake bay in the centre, navigable 200 miles 
for the whole British navy; add to this her numerous deep navigable rivers 
and creeks — here is presented a frontier of more than one lOOO miles, and 
if you count on each side of the bays, deep rivers and creeks, we have a 
frontier of nearly 2000 miles, accessable at this moment to the navy of Eng- 
land in the very heart of the United States. Counting these waters on each 
side of the bay and rivers as far as the enemy penetrated during the late 
war, there may be some 40 or 50,000 inhabitants under their range. Tak- 
ing MrHagner's construction of the law, a very serious and solemn question 
arises in the breast of every inhabitant on this extended frontier, not only 
in Maryland, but the whole United States frontier, and above all places, the 
Patuxent river, in case of another war with England what ought we to do ? 
how ought we to act } 

As love of life and property and the support of our wives and children 
is near and dear, comes in contact with our duty to our country and our 
constitution. We fought for our country the last war — we have paid our 
taxes — we have done all we could — we have done our duty to our govern- 
ment, but how have we been treated ? We have in vain asked the Con- 
gress of our country to do us justice. We can't see our wives and children 
perish. We can't steal, we can't beg; must we go to Admiral Cockburn and 
make terms, and must we say, spare our property from conflagration, our 
wives and children from insult, and on this consideration take what we can 
spare from our farms ! — Humiliating alternatives — Great God ! must we be 
traitors to our country ! — who can tear up by the roots the sacred ties that 
bind the citizen to his country ? 

Would it not have been better to have paid off all their just private claims 
before the great surplus in the treasury was given to the states — it is better 
to be "just before we are generous." 

It has been said ths low state of the Treasury is a powerful objection to 
paying private claims — this is a sorry excuse. This state of the treasury 
is and can be remedied — it is only temporal — as to talk to us Farmers about 
the poverty of the Government, its out of the question. The finest country 
in the world, and from its great extent feeling the influence of four zones — 
possessing every thing essential to the wants and comforts of the whole 
luiman family — our earth filled with mines — our forests covered with the 
finest timber — our fisheries unequalled — we are rich in commerce, in the 
arts, in science, in manufacturies, the raw material abundant, with a bold, 
daring, industrious,enterprising people, and above all a virtuous and confid- 
ing yeomanry. 

Your claimants are plain country Farmers — free and independent vo- 
ters, who know no obedience but to God, just laws, and a proper respect 
and esteem for the constituted authorities of the nation, with great diffi- 
dence and reluctance have presented this communication on the subject of 
this claim. 



I 



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APPENDIX 



GENERAL ORDERS FROM GOVERNOR WINDER. 

Extract from General orders dated March nth, ISIS. 

"The officers of tlie militia generally, but more particularly, those of the 
Volunteer Infantry and Cavalry will attentively inspect the arms of their 
respective corps and see that they are in the best possible order for service. 
The officers of the militia in general^ near the waters of the Chesapeake 
land its tributary rivers^ and on the seaboard, will be on the alert to discov- 
er and repel any depredations, which may be attempted by the enemy. 

By order ot John Gassaway, Adjt. General." 

Here is a general order requiring every military man in Maryland to do 
Ijis duty, from the Executive and commander in chief of all the military 
forces of Maryland. 

' It is stated in opposition to our claims that in the case of J. J. Pattison's 
house burnt by the British and paid for by Congress, that Col. Taney was 
in the service of the United States, not in the militia service of the State of 
Maryland. The following letters from the Governor of Maryland to Col. 
iTaney, proves that he was in service of the State of Maryland. The fol- 
owing are copies of letters from Governor Winder to Col. Taney, Gen. 
|Biscoe, Gen. West and Gen. Philip Stewart. 

Copy of a letter from Gov. Winder to Col. Taney. 

Annapolis, June 8th, 1814. 
Sir: — This afternoon I received yours of the 5th inst. and I have just 
now received yours of this day informing me of the situation of Com. 
Barney; you will make every exertion to give him all the aid in your 
power, or the Flotilla. At such a time, and on such an occasion, it is to 
be presumed no man of reflection would hesitate in contributing to the 
utmost of his foioer to preserve these vessels from the annoyance of the 
memy. It is not now to be enquired into, whether they have taken the 
jest possible position, hut hoio they can he best defended. I will send down 
he articles you have required, and in addition will send you some ammu- 
\ lition and flints ; I have written to Capt. Simmons and Capt. Franklin* to 
[afford you all the assistance in their poioer should you want it. I have 
likewise written to Gen. West, to give you such aid as may be in his power, 
should you call for any, which letter I have herewith forwarded to you, and 
should you find it necessary, you will immediately forward it to him. I 
will expect to hear from you as often as you may think necessary, and 
any aid iii my poioer I loill most willingly afford, but I presume the 
general government will have taken the necessary steps for the protection 
l)f the flotilla — you will call such numbers of the cavelry into service as 
shall be necessary for the purpose of carrying despatches and orders. 

Lev. Winder. 
Col. Taney. 

*One of these officers, Capt. Simmons, had the command at Town Point, 
md the other, Capt. Franklin commanded at Tracy's Landing. 



Copy of a letter from Gov. Winder to Gen. West. 

Annapolis, June 8th, I8l4, 11 o'clock P.M. 
"Sir : — I have just received information that Capt, Barney is blockaded in 



10 

St. Leonard's creek. J have auihorized Col. Taney, should he find it neces- 
sary, to apply to you for aid, in which case, I would recommend volunteers 
if they could be procured, ii not we must resort to the mode pointed out 
by law, but that which will be most expeditious in alFording the assistance 
required, vvould be the most desirable. Lev. Winder. 

Ge7i. West.'' 



Copy of a letter from Gov. Winder to Col. Taney. 

Annapolis, June lOth, 1814. 

"Sir: — I have received yours of yesterday liy Mr. Weems; before this I 
presume you will have received mine by Lt. Freeiand, and the articles for- 
warded to you for the use of tlie militia. 1 now send you by Mr. Weems, 
to be landed at some convenient place in Calvert County, two six pound 
cannon with ammunition fixed, and all necessary apparatus. There will go 
with them a detachment of the artillery company from this place, under the 
command of Lt. Hughes. I have also sent you 3000 musket cartridges by 
this conveyance, lO rifles, with every requisite for their use. — I have like- 
wise sent you twenty hve barrels of flour, eleven barrels of beef, two barrels 
of pqrk, three do. of whiskey, 99| gallons. Mr. Weems takes charge of 
these articles, and goes down in tlie boat with them, and proposes landing 
at Plumb Point , but it will be necessary to have them removed immediate- 
ly to some place of safety in the interior of the country. 

These articles there must be particular attention paid to the expenditure 
thereof — they will be distributed thro' the proper officers, on regular pro- 
vision rations, signed by the commanding olficer of each company, coun- 
tersigned by the officer commanding the whole detachment — this will be 
the justification of the quarter master for delivering. 

Mr. Weems will receipt for these articles at the landing. You will order 
Mr. Weems to deliver them to the quarter master, whose receipt on that 
order will exonerate Mr. Weems. The muster and pay rolls being made, 
will be a check on the provision returns. It will be expected there will be 
no more officers retained than sufficient to command the men — no more 
cavalry kept in service than the nature of the service demands. J presume 
the General Government before this will have taken measures for aiding 
Barney, and whenever they shall have done so, you will either discharge or 
relieve your men as exegencies may require. I am yours, 

Lev. Winder. 

CoU Taney.'' 



Copy of a letter from Gov. Winder to Lt. Hughes. 

"Annapolis, June lUth, 1814. 
Lt. Hughes — You will take charge of two six pound cannons with the 
ammunition belonging thereto, now on board of Capt. Daly's boat, to be 
transported to Calvert County— on your landing, Mr. Weems will provide 
horses for the purpose of conveying them to St. Leonard's creek, when hav- 
ing arrived you will report yourself to Col. Taney, the oflicer commanding 
the militia, convened there for the purpose of defending the Flotilla under 
the command of Barney. 

When you have completed this service you will deliver to Col. Taney's 
order the two pieces wiUi every thing belonging to them, and such camp 
equipage as you may take with you, taking a receipt therefor on this order. 

Lev. Winder." 



11 

Copy of a letter from Gov. Winder to Major Blscoe. 

"Annapolis, June lllli, 1814. 

Sir: — I received yours of the 9ih by Lt. Hughes, and have forwarded to 
you llie following articles — 

150 Musket*, 

150 Cartridge boxes, 

300 Flints, 

3750 Cartridges, 

25 Screw wipers, 

25 Bullet drawers, 

15 Screw drivers, 
For which you will please forvvanl a receipt by return of the wagon, f 
had written several days ago to Gen. West directing him to furnish any aid 
which Col. Taney might require for the defence of tlie Flotdia of the LFnit- 
ed Stales, blockaded by the British in St. Leonard's creek, which letter I 
understand from Lt. Hodges, had been received at Marlbro', before he left 
there, and although Gen. West is not there, I presume the contents of that 
letter will be communicated, and the assistance required by Col. Taney 
will be promptly furnished. I would have forwarded a piece of artillery, 
hut 1 understand you have not artillerymen ; and 1 have none to supply you 
with. Your detachment will supply themselves with two days provisions, 
for which they will be allowed on the pay roll — you will be particularly 
careful that there shall be correct provision returns, upon which ordy pro- 
visions ought to issue — that there be only a due proportion of officers to 
command the men, and prevent as much as possible, an unnecessary expen- 
diture of provisions and ammunition. 1 am, sir, with respect, yours, 

Lev. Winder. 
Major Biscoe?'' 



Copy of a letter from Gov. Winder to Major Biscoe. 

"Annapolis, June Tith, 1814. 

Sir: — Tours of this day has been delivered to rae. Arms and ammu- 
nition left this place this morning for Nottingham. I presume they will 
arrive by 12 o'clock tomorrow if not sooner. 1 am surprised at the im- 
port of Gen. West's order. My directions to him were that whatever aid 
should be required by Col. Taney, should be immediately forwarded to St. 
Leonard's Creek. You will immediately detach a company with the arms 
you already have, to that place. Ammunition may be obtained there on the 
arrival of the arms which left this place this morning. You will detach 
such number of men as you may, from the information you may receive, 
think proper. I stated to you this morning I had forwarded a letter to Col. 
Taney for Gen. West, requesting him to forward it immediately ; stating 
to the General the aid he required : this letter I understood had reached 
Marlbro', and J presume he has mentioned what number of men he wishes. 
I regret extremely the necessity of calling the militia from their homes at 
this time, but I should hope they would feel the necessity of it and obey 
the call with alacrity. I am sir, with respect yours, 

Lev. Winder. 

Major Biscoe. 



12 

Copy of a letter from Gov. Winder to Col. Taney. 

"Annapolis, June 15th, 1814. 

Sir : — Yours of yesterday was handed me this morning. As to the 
number of militia to be kept in service, you will be governed by circum- 
stances; whatever number can be usefully employed in protecting the flotilla, 
ought to be retained, but sliould such a force arrive under the orders of the 
general government as should make the detention of the militia unnecessary, 
it certainly would be very desirable to discharge them as soon as possible. 
Yesterday passed by this place a schooner and two barges with men from 
Baltimore, intended to land on the bay shore and march across to your as- 
sistance. — When they arrive, and the aid expected from Washington, you 
will be belter able to judge of the propriety of dismissing or increasing your 
force. 

I presume before you receive this, some part of Major Biscoe^s hattal- 
ion will have arrived, as I had directed him to have a company marched 
immediately to your assistance,and on receiving some arms and ammunition, 
which left this place on Sunday, to fonvard another company if this should 
have leen required by you \ should these men not be wanting, you will 
immediately inform Major Biscoe, that they may be discharged, if they 
cannot be useful — let their march be accelerated — in fine let us give our aid 
in saving the Flotilla — don't let us harrass the militia unnecessarily, 

Lev. Winder. 

Col. Taney.'' 



Copy of a letter from Gov. Winder to Gen. Stewart. 

"Annapolis, June 17th, 1814,- 

SiR : — I have just received yours of the 15th by Mr. Middleton, giving 
information of the landing of the enemy at Col. Plater's the day before. I 
have forwarded as many of the articles you are in want of, as I have been 
able to procure a conveyance for, viz : Musket cartridges, pistols, rifle balls 
and powder — fixed amunition for 6lb. cannons, some canteens and camp 
kettles, screw wipers, bullet drawers and flints. With respect to the arms 
and tents at Washington, I had written to you by Mr. Gough, and hope 
you will immediately on your arrival at that place, have taken order for 
their transportation. 

I would immediately send you some pieces of artillery but have not the 
means of conveyance. I presume you will have both the pieces of cannon 
in St. Mary's Creek brought to the Patuxent. 

I have this moment received by express information that the enemj' were 
last night at 12 o'clock, within a mile and a half of Nottingham. The mili- 
tia of Prince George's County were embodying ; whether they will be in 
time, or in sufficient force to repel them I am yet uninformed. I am send- 
ing them further supplies of arms, although they had a tolerable good sup- 
ply before. I fear the enemy will do us much damage by their sudden in- 
trusion, which it appears to be difilcult to guard against at all points. 

Notwitlit^tanding our defenceless and exposed situation, I am told a body 
of United States troops on this day passed through Baltimore on their 
way to the Northward — surely under present circumstances we might 
claim from the General Government such aid as they have in their power 
to afford us — of the correctness of this information you will have an op- 
portunity of ascertaining from the secretary at war, and pressing the pro- 
priety of saving our citizens and property from impending ruin. 



IS 



T have take every means within my limited power to aflbrd you all the 
aid I can. I am, Sir, 

Lev. Winder, 
Gen. PJiilip StewartP 



Copy of a hlter from Gov. Winder to Gen. Philip Sleioart. 

"Annapolis, June 17ih, 1814. 
Sir: — I have forwarded for the use of your brigade the following arti- 
cles, a receipt for which will be returned by the carrier. 
4000 Musket cartridges, 
500 Pistol do. 
500 Rifle balls, 
20 Bullet drawers, 
20 Screw wipers, 
10 Screw drivers, 
12 Ground, ) . . 

12 do. Cannister, \ ^^^^' 
10 lb. fine powder for rifles, 
2 papers common powder for priming cannon, 
50 Carbines. 
I have experienced difficulties in obtaing a conveyance even for these 
articles, more particularly at this lime, being called on suddenly to send 
supplies to Nottingham. Yours, 

Lev. Winder. 
Brig. Gen. Stewart." 

Copy of a letter from Gov. Winder to Gen. Philip Stewart. 

'•Annapolis, June 22d, IS 14. 

Sir: — Yours of the 19th and 20th inst. have both come to hand last 
night. I have forwarded according to your request (of which I had in- 
formed you) such ammunition as you had required — on the same day I had 
forwarded some arms and ammunition to Nottingham for the use of Gen. 
West's brigade, of which 1 had advised Major Beanes, requiring him to 
forward a wagon for the purpose of hastening their arrival at Nottingham ; 
but by some mistake the ammunition intended for you was taken and carried 
to Marlbro' with what was inteded for Gen. West, and the carrier informs 
of this circumstance. I immediately despatched a messenger directing it 
should be forwarded to its original destination, and on Monday I was in- 
formed it was sent on, 

I made every exertion to procure horses to send you at the same time, 
two field pieces, but without success. In this part of the country where 
every man is near a landing, there are few carriages kept for the purpose 
of transportation except what are immediately occupied about farms ; but 
I mean yet making further exertions. 

Inclosed 1 send an order for one thousand dollars to be expended under 
your direction for your brigade. You will no doubt take the proper secu- 
rity for its proper expenditure, and impress on your agent the necessity of 
having all the necessary vouchers in an adjustment of his account. 

I am, Sir, Lev. Winder. 

Gen. Philip Stewart. 



14 

Copy of a letter from Gov. Winder to Gen, West. 

"Annapolis, July 21st, 1814. 

Sir : — I have received information from Gen. Stewart that the enemy were 
at Leonard Town in St. Mary's, and requested some aid might be sent him. 

I have ordered lOOO men from Ringold's and Barrack's brigades,bijt I fear 
it will be some time before they will be in readiness to afford us the assist- 
ance we need. I liave informed Gen. Stewart that I should request you to 
furnish any aid widiin your power, but the movements of the enemy are so 
uncertain that it is inexpedient to give any positive orders ; but it is to be 
expected that every officer of every grade loill afford all the relief in 
his power, covformahle with a due regard to the public good, to repel the 
enemy wherever he may be found. 

I am sir, yours, with respect, Lev. Winder. 

Brig. Gen. Wesl.'>'> 



Copy of a letter from Gov. Winder to Gen. Philip Stewart. 

"Annapolis, June 21st, 1814. 
Dear Sir : — I have received yours of the l3th by express, the order 
from Ringold's and Barrack's brigades of 1000 men, to be detached, organ- 
ized and move as expeditiously as possible to aid in the defence of our 
shores generally. I (ear they will not be prepared to render you service as 
soon as you could wish. 1 have written to Gen. West to afford you what- 
ever aid is within his power. I expect a small detachment of cavalry in to- 
day ; should they arrive I will forward tfiem to you, but indeed I have been 
so disappointed that I do not know what to calculate on with certainty. 

If my power were equal to my wishes, yon should be very soon supplied 
with a force sufficient to compel the enemy to keep himself at least under 
the cover of his guns •, but I very much fear before we can give you the de- 
sired assistance he will have destroyed your people very much. I shall 
be ready at all times to aflbrd you all the aid I can consistently with a due 
regard to the means that may be in my power. 

I am sir, with great respect, yours, 

Lev. Winder. 
Brig. Gen. Staoart?'' 

"War Department, July 4th, 1814, 

Sir : — The late pacification in Europe offers to the enemy a large dispos- 
able force, both naval and military, and with it the means of giving to the 
war here a new and increased activity and extent. 

Without knowing with certainty, that such will be its application, and still 
less that any particular point or points will become objects of attack — 
the president has deemed it advisable as a measure of precaution to 
strensrthen ourselves, and as principal means of doing this will be found in 
the militia, to invite the executive of certain states to organize and hold in 
readiness for immediate service a corps of ninety three thousand five hun- 
dred men under the laws of 28lli February 1795, and 18th April 1814. 

The enclosed detail will show your excellency, what under this regula- 
tion will be the quota of Maryland. As far as volunteer uniform companies 
can be formed they will be preferred. 

Tlie expediency of regarding as well designation of that of the militia as 
well as the places of rendezvous, the points of importance or exposure of - 



15 

which will be most likely to attract the views of the enemy, need but be 
suggested. A report of the organization of your quota when completed 
and ofj_its place or places of rendezvous will be acceptable. 
J have the honour to be, willi great respect, 

Your Excellenc^^'s most obedient and very humble serv't, 

John Auimstkong. 
To his Excellenaj the Gov. of the Stale of Maryland. 
Detail of militia required as above. 
Maryland. 
600 Artillery, 5400 Infantry— 6000— 6 Regiments — 1 Mnj. General, 3 
Brig. Generals, 1 Dep. Quarter master Gen. 1 Assilant Quarter master Gen. 

I certify, that the aforegoing are true copies of extracts and letters on 
record in the department of the Adjt. Gen. of the Stale of Maryland. 

John N. Watkins, 
Adjt. Gen. of Maryland, May nth, 1842. 



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